Speak Truth To Power (“Courage without Borders”) Series in KI-Media - Sister Digna Ochoa (Mexico) “Human Rights”

Speak Truth To Power (“Courage without Borders”) Series - Sister Digna Ochoa (Mexico) “Human Rights”
http://www.scribd.com/full/53318534?access_key=key-2nvhz4s74fxjbjxz6pka

Ky Tech, Hun Sen's lawyer, wants a compromise in an unfair case?

Ky Tech

PM's lawyer says he will withdraw suit if Bar punishes Kong Sam Onn

Wednesday, 27 May 2009
Written by Meas Sokchea The Phnom Penh Post

LAWYER Ky Tech, who is representing Prime Minister Hun Sen in his lawsuit against Sam Rainsy Party official Mu Sochua, said he would be willing to drop a separate suit against the opposition lawmaker's own attorney, Kong Sam Onn, if he is thoroughly investigated and punished by the Cambodian Bar Association for misconduct.

"It depends on the Bar's decision," Ky Tech told the Post in the latest twist in a dispute between Hun Sen and Mu Sochua, who have each filed suit accusing the other of defamation.

"I would agree to drop my lawsuit if the Bar found that [Kong Sam Onn] committed a mistake and punished him justly," Ky Tech added.

Kong Sam Onn was accused of defaming the prime minister in comments he made during an April press conference by Ky Tech, who then urged the Bar to suspend him.

While the move was met with criticism from legal experts who said politics were mixing unfairly with the judicial process, the Bar opened an investigation into whether Kong Sam Onn breached the organisation's code of conduct.

Kong Sam Onn's first hearing before a Bar inspection team was postponed Monday after two of the five members failed to show up, with one saying he did not want to participate in the probe because he felt the lawyer had done nothing wrong.

But Ky Tech - a former Bar Association president - said Tuesday the inspectors were obligated to carry out the investigation.

"If Kong Sam Onn committed some fault, but the Bar does not acknowledge this mistake, I will not withdraw my suit against him," Ky Tech said.

At least three of the Bar inspectors appear hesitant to be involved in what they say is a politically charged case, but say they had no choice but to put Kong Sam Onn under scrutiny, one team member said.

"I cannot escape this work," said Hem Socheat, one of the inspectors who failed to show up for Monday's hearing, adding he did not want to participate in the probe because he felt Kong Sam Onn did nothing wrong.

He said that the other two inspectors agreed with him.

CBA starts investigating on Kong Sam Onn based on Hun Sen’s lawyer complaint

19 May 2009
Everyday.com.kh
Translated from Khmer by Socheata

Chiv Song Hak, president of the Cambodian Bar Association (CBA), indicated on 18 May that the CBA had already decided to form a review committee to look and investigate into the case of Kong Sam Onn, SRP MP Mu Sochua’s lawyer, based on a complaint made by Ky Tech, the former CBA president and current government lawyer representing Hun Sen. Ky Tech complained to the CBA that Kong Sam Onn violated the lawyer’s ethics. Ky Tech used to tell news media that Kong Sam Onn violated the professional ethics when he publicly commented on the case brought up by his defendant, Mrs. Mu Sochua, against Hun Sen when she did not formally file her complaint with the court yet. Kong Sam Onn is Mrs. Mu Sochua’s lawyer in her defamation lawsuit against Hun Sen. According to Chiv Song Hak’s claim, the CBA initiated its investigation since yesterday (Monday). The CBA will start its investigation by researching documents related to Ky Tech’s complaint. The CBA review committee will consist of 4 members, and its work will last about one week. Kong Sam Onn said that the CBA did not inform him yet about this case. However, Kong Sam Onn used to declare that he is very concerned about his professional license when he has to confront such a complaint from the lawyer of Cambodia’s Strongman.

CBA = (Hun Sen's) Controlled (Monkey) Bar Association?

Ky Tech, Hun Sen's lawyer and former controversial president of the CPP-controlled (Monkey) Bar Association

Bar panel to begin review of SRP lawyer

Monday, 18 May 2009
Written by Cheang Sokha The Phnom Penh Post

THE Cambodian Bar Association will decide this week whether to suspend or disbar Sam Rainsy Party lawyer Kong Sam Onn, accused of violating the organisation's professional code of ethics, the Bar's president said Sunday.

Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation lawsuit against Prime Minister Hun Sen, was himself accused of defamation by one of Hun Sen's lawyers after making comments about the case at a press conference April 23.

Bar Association President Chiv Song Hak said a special inspection team would convene today to investigate the allegations against Kong Sam Onn.

At that point, the panel would send its report to the Bar and then the organisation would call its 19 council members to meet before making a decision on the case, which has been criticised by legal experts who say it is an example of government interference in the courts.

When contacted Sunday, Kong Sam Onn said that the inspection team has not yet contacted him for questioning. But he argued that the complaint against him is groundless.

"In general, the inspection team is independent, but I am concerned about the individuals involved in the case," he said.

"According to the law, I committed no misconduct with the code of ethics and there is no specific accusation."

Hun Sen's lawyer Ky Tech, a former president of the Bar who brought the complaint against Kong Sam Onn, said he was interested in the outcome of the investigation, adding that he expected the inspection panel to report its findings to the Bar council by Thursday.

Sacrava's Political Cartoon: The Wolf and The Lamb

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Ethics on trial in Bar inspection

Thursday, 14 May 2009
Written by Neth Pheaktra and Sebastian Strangio
The Phnom Penh Post

Legal experts say a lot in balance in investigation of SRP lawyer

AN INVESTIGATION into lawyer Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen, could have a chilling effect on the profession, legal experts warned this week, ahead of a ruling by the Cambodian Bar Association that could see the attorney lose his licence.

While he said it is the Bar's right to initiate proceedings, which had so far been conducted according to the organisation's internal rules, Sok Sam Oeun, executive director of the Cambodia Defenders Project, said the case had to be handled carefully so as not to have a chilling effect on other lawyers.

"If Kong Sam Onn is sanctioned, I think it will affect other lawyers in the country," he said.

"They won't dare to defend or say anything related to high-ranking or powerful people out of a concern they will be sanctioned and lose their professional licence."

Mu Sochua, one of the Sam Rainsy Party's most outspoken members, brought suit against Hun Sen, saying that during a speech in April he had called her cheung klang, a Khmer term meaning "strong leg", which she said can also be a derogatory reference to a woman.

Lawyers for Hun Sen, who is countersuing Mu Sochua, filed a complaint against Kong Sam Onn with the Bar on May 1, asking that he be disbarred for allegedly violating the organisation's code of ethics by saying at a press conference that the prime minister had defamed his client before a court ruling had been made.

"[He] judged and condemned Samdech Prime Minister before his client had sent the complaint to the court," said Ky Tech, the prime minister's attorney.

"According to the law, lawyers don't have the right to make an analysis or a judgment - only the court does."

But the move has been criticised by rights groups and legal experts, who call it political interference in the courts.

Kong Sam Onn said Tuesday that he expected the case would be subject to political influence and that equality before the law would "not be respected" because of the players involved.

"I am confronting a top leader of the government. There is political pressure," he told the Post.

"[I]f I committed a fault then I will find other job. But if the decision is unjust, it will devastate me, not only now but for the rest of my life."

He added that in the event he was disbarred he would take legal action to ensure he is allowed to continue practising.

Ethical obligations

Other legal experts said the ethics of the legal profession obliged lawyers to provide defence counsel to any one who required it - even senior leaders of the Khmer Rouge regime.

"If there is political influence and pressure from other individuals or institutions, it could really have a bad effect on the abilities of the Bar and the profession," said Yeng Virak, executive director of the Community Legal Education Centre, a Cambodian legal aid group.

He said that the Bar Association's involvement with the Khmer Rouge tribunal made it all the more important that its investigation of Kong Sam Onn be carried out transparently.

"I hope that the Bar is really thinking about what it is doing and that they will safeguard their credibility," he said.

But Ky Tech dismissed suggestions of political pressure on the Bar, saying that he was tasked by the prime minister of defending him and would do so according to the law.

"The general opinion is that there is pressure from the government, but I think it is a fabrication. My complaint to the Bar Association will determine whether Kong Sam Onn has acted professionally or not," he said.

"This case will not affect the defence, nor discourage lawyers from carrying out their duties."

Chiv Songhak, president of the Bar Association of Cambodia, could not be reached for comment Wednesday.

UN Expert Urges Cambodia To Refrain from More Forced Evictions

UN Special Rapporteur on Adequate Housing

Friday, 08 May 2009
UNPO

UN Expert Urges Cambodia To Refrain from More Forced Evictions

The following statement was issued today by the UN Special Rapporteur on adequate housing, Raquel Rolnik:

"I am extremely concerned about the threatened eviction of nearly one hundred families in Phnom Penh, the so-called 'Group 78'. I have once again addressed the Cambodian authorities to remind them that the pattern of evictions, affecting many of the poor, in the country – and the apparent lack of due process in that regard - suggests they may be tolerating, or even perpetrating, the forced evictions prohibited by international human rights standards.

Group 78 refers to between 66 to 86 families residing in village 14 of Tonle Basak commune, in Phnom Penh's Chamkar Mon district. Since 2004, these families have been engaged in a legal battle to obtain the recognition of their ownership of their land, according to the 2001 Land Law. Without considering their claim to be the legitimate owners of the land they occupy, the authorities have instead sent them six eviction notices, each of them indicating a different reason for the eviction. The last one was issued on 20 April 2009 by the Phnom Penh Municipality (MPP) and advised that 'for the last time', the Municipality was calling on the people to negotiate with [it] and accept 'the offers' within 15 days. The notice indicated that in case of refusal, MPP would implement 'administrative measures'. The families could potentially be evicted at any time now.

Since I became the UN Special Rapporteur on adequate housing in May 2008, I have observed an increase in forced evictions throughout Cambodia accompanied by a systematic lack of due process. In most cases, the authorities refuse to recognize the ownership claims of the communities affected and fail to offer fair compensation or adequate alternatives to those they seek to relocate. Unfortunately, the Government of Cambodia has not replied to my enquiries, or only after long delays.

Forced evictions constitute a grave breach of human rights. Large-scale evictions can only be carried out in exceptional circumstances and with full respect for the due process requirements set by international human rights standards. I am thus alarmed about the possible imminent eviction of the Group 78 residents who seem to have a strong case in claiming authorities should recognize their possession rights to the land being disputed and demanding just and fair compensation for the possible loss of their land.

I urge the competent authorities not to implement the 'administrative measures' (which in the past have lead to forced evictions) threatened in the last notice transmitted to Group 78 residents. Group 78 families are entitled to have full legal review of their ownership claims in accordance with Cambodian legislation. It is only on the basis of this review that negotiations must take place with the affected community, to ensure fair compensation and adequate alternatives if their relocation is necessary.

I reiterate my call for a moratorium on all group evictions in Cambodia, especially when residents have pursued claims before administrative or judicial bodies that they have legal possession rights under national law, until the policies and actions of the authorities can be brought fully into line with international human rights obligations. I stand ready to provide any advice the Government may wish to assist it in doing so."

The former Special Rapporteur on adequate housing conducted a mission to Cambodia in 2005 and presented a mission report on his findings and recommendations (E/CN.4/2006/41/Add.3). Concerns on forced evictions in Cambodia have been shared through a large number of communications sent by the Special Rapporteur to the authorities. A previous statement was released on 30 January 2009 For more information on the work and reports of the Special Rapporteur on adequate housing, go to:

http://www2.ohchr.org/english/issues/housing/index.htm

Forced evictions contravene human rights standards, UN expert tells Cambodia [... but Hun Sen couldn't care less]

Raquel Rolnik, Special Rapporteur on adequate housing

Source: UN News Centre

6 May 2009 – An independent United Nations human rights expert today expressed her extreme concern about the threatened eviction of nearly 100 families in Phnom Penh, and called on the Cambodian authorities to halt this practice pending a review of current policies.

Raquel Rolnik, the UN Special Rapporteur on adequate housing, said she has observed “an increase in forced evictions through Cambodia accompanied by a systematic lack of due process” since she took up her post one year ago.

In a statement issued today, she said she has reminded the Cambodian authorities that “the pattern of evictions, affecting many of the poor, in the country – and the apparent lack of due process in that regard – suggests they may be tolerating, or even perpetrating, the forced evictions prohibited by international human rights standards.”

“Forced evictions constitute a grave breach of human rights. Large-scale evictions can only be carried out in exceptional circumstances and with full respect for the due process requirements set by international human rights standards,” she stated.

Ms. Rolnik expressed alarm in particular about the possible imminent eviction of the “Group 78” residents – between 66 to 86 families residing in Tonle Basak commune, in Phnom Penh’s Chamkar Mon district, who have been involved in a legal battle since 2004 over ownership of their land.

They “seem to have a strong case in claiming authorities should recognize their possession rights to the land being disputed and demanding just and fair compensation for the possible loss of their land,” said the Special Rapporteur.

She urged the competent authorities not to implement the “administrative measures” (which in the past have lead to forced evictions) threatened in the last notice transmitted to Group 78 residents, stressing that they are entitled to have full legal review of their ownership claims in accordance with Cambodian legislation.

“It is only on the basis of this review that negotiations must take place with the affected community, to ensure fair compensation and adequate alternatives if their relocation is necessary,” she stated.

Ms. Rolnik reiterated her call for a moratorium on all group evictions in Cambodia, especially when residents have pursued claims before administrative or judicial bodies, until the policies and actions of the authorities can be brought fully into line with international human rights obligations.

Like all UN Special Rapporteurs, Ms. Rolnik reports to the Geneva-based Human Rights Council in an independent and unpaid capacity.

Due process urgently needed for Cambodian criminal suspects

Monday, March 24, 2008
Theary Seng
Executive Director, The Center for Social Development

"A criminal proceeding in any environment - be it in a developed state or here in developing Cambodia - is a serious matter because an individual's liberty and rights are at stake. Before any rights or freedom of a person is to be limited by the State (e.g. imprisonment), extreme due care must be taken to ascertain that the curbing of these rights/liberties are justified and followed established due process.

The adherence of due process is more urgently needed here in Cambodia where the legal and penal system is embryonic and fragile, prone to abuses, without adequate balance of powers among the different parties in the criminal case and generally among the three branches of government.

Moreover, greater scrutiny of these criminal proceedings must be had in light of our dark, recent history of gross violations of human rights on a massive scale.

We, at CSD, are abhorred by the high rate of torture and coercion used to extract confessions – 1 in 4 as you accurately noted from our Annual Report. A confession given as a result of coercion and torture cannot be deemed reliable or accurate. Consequently, it means that one in four defendants run the high, unacceptable risk of being wrongly convicted – i.e., having their rights curbed and violated – as a result not of having committed a crime but of fear for life resulting from coercion and torture. This 25% rate of confession due to coercion and torture also put into question all convictions, whether they are safe. We are deeply concerned that they are not safe and that many innocent people are being put in prison or having their rights and liberties curbed in other manners without proper due process of law."

Center Finds Numerous Abuses in Courts Survey

Mony, VOA Khmer
Original report from Phnom Penh
14/06/2007

The Center for Social Development condemned Wednesday numerous defendant rights violations in Cambodia's notoriously weak courts, after a lengthy survey of six, including the Appeals and Supreme courts.

Hearings in absentia or without due process were common, according to the Center, which also helps educate people on the impending Khmer Rouge tribunal.

A high percentage of accused were tried in absentia in the six courts, but the Appeals Court was the worst, where 69 percent of defendants were absent for their hearings, said Ang Udon, head of the Center's legal division.

The Center monitored Phnom Penh Municipal Court and the provincial courts of Kandal, Kampong Cham and Battambang, as well as the Appeals and Supreme courts, finding overall that 34 percent of defendants were tried in absentia.

"We monitored these courts, and these are the numbers we got," Ang Udon said. "We are very concerned because these violations continue."

Some defendants were not provided interpreters, and sometimes alleged victims of crimes were not present for a defendant's hearing, he said.